DOVE
v.
UNITED STATES

U.S. | 1976-01-19
No. 75-543
Mr. Justice White dissents.
423 U.S. 325 Supreme Court of the United States (1976) Negative Treatment
Also reported at: 46 L. Ed. 2d 531 · 96 S. Ct. 579 · SCDB 1975-026 · 1976 U.S. LEXIS 39
Cited by 90 cases

Per_curiam
Per Curiam.

Per Curiam.

The Court is advised that the petitioner died at New Bern, N. C., on November 14, 1975. The petition for certiorari is therefore dismissed. To the extent that Durham v. United States, 401 U. S. 481 (1971), may be inconsistent with this ruling, Durham is overruled.

It is so ordered.

Mr. Justice White dissents.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By (53 total)

  • Parker v. State, 530 So. 2d 1084 (Fla. 3d DCA 1988)
    …dismissal of appeal as moot and dismissal of indictment); United States v. Pauline, 625 F. 2d 684 (5th Cir. 1980) (abatement by death while appeal pending results in vacation of conviction and dismissal of indictment); compare Dove v. United States, 423 U.S. 325, 96 S.Ct. 579, 46 L.Ed.2d 531 (1976) (death results in dismissal of certiorari).…
  • Jackson v. State, 559 So. 2d 320 (Fla. 3d DCA 1990)
    …s the principle that a death during the pendency of a petition for writ of certiorari in the Supreme Court seeking review of an affirmance of a conviction on the merits results in the outright dismissal of that proceeding. See Dove v. United States, 423 U.S. 325, 96 S.Ct. 579, 46 L.Ed.2d 531 (1976); United States v. Pauline, 625 F. 2d 684 (5th Cir.1980). Accordingly, this appeal is Dismissed.…
  • …olution — e. g., internal management considerations as to budget and personnel; evaluations of its own competence; weighing of competing policies within a broad statutory framework. Cf. FPC v. Transcontinental Gas Pipe Line Corp., 423 U.S. 326, 333, 96 S.Ct. 579, 46 L.Ed.2d 533 (1976) (per curiam). Further, even if an agency considers a particular problem worthy of regulation, it may determine for reasons ' lying within its special expertise that the time for action has not yet arrived. Cf. SEC v. Chenery C…
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